Loading (50 kb)...'
(continued)
(C) Maintain a gas temperature of 190 ±11 °C immediately before the heated filter and HFID. Determine these gas temperatures by a temperature sensor located immediately upstream of each component.
(vi) The continuous hydrocarbon sampling probe:
(A) Is defined as the first 25.4 to 76.2 cm of the continuous hydrocarbon sampling system.
(B) Has a 0.483 cm minimum inside diameter.
(C) Is installed in the dilution system at a point where the dilution air and exhaust are well mixed and provide a homogenous mixture.
(D) Is sufficiently distant (radially) from other probes and the system wall so as to be free from the influence of any wakes or eddies.
(E) For a continuous HFID sample probe, the probe must increases the gas stream temperature to 190 ±11 °C at the exit of the probe. Demonstrate the ability of the probe to accomplish this using the insertion thermocouple technique at initial installation and after any major maintenance. Demonstrate compliance with the temperature specification by continuously recording during each test the temperature of either the gas stream or the wall of the sample probe at its terminus.
(vii) The response time of the continuous measurement system must be taken into account when logging test data.
(3) Sample mixing. (i) Configure the dilution system to ensure a well mixed, homogeneous sample prior to the sampling probe(s).
(ii) Make the temperature of the diluted exhaust stream inside the dilution system sufficient to prevent water condensation.
(iii) Direct the engine exhaust downstream at the point where it is introduced into the dilution system.
(4) Continuously integrated NOX, CO, and CO2 measurement systems—(i) Sample probe requirements:
(A) The sample probe for continously intergrated NOX. CO, and CO2 must be in the same plane as the continuous HC probe, but sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influences of any wakes or eddies.
(B) The sample probe for continously intergrated NOX. CO, and CO2 must be heated and insulated over the entire length, to prevent water condensation, to a minimum temperature of 55 °C. Sample gas temperature immediately before the first filter in the system must be at least 55 °C.
(ii) Conform to the continuous NOX, CO, or CO2 sampling and analysis system to the specifications of 40 CFR 1065.145, with the following exceptions and revisions:
(A) Heat the system components requiring heating only to prevent water condensation, the minimum component temperature is 55 °C.
(B) Coordinate analysis system response time with CVS flow fluctuations and sampling time/test cycle offsets, if necessary.
(C) Use only analytical gases conforming to the specifications of §90.312 of this subpart for calibration, zero and span checks.
(D) Use a calibration curve conforming to §90.321 for CO and CO2 and §90.318 for NOX for any range on a linear analyzer below 155 ppm.
(iii) Convert the chart deflections or voltage output of analyzers with non-linear calibration curves to concentration values by the calibration curve(s) specified in §90.321 of this chapter before flow correction (if used) and subsequent integration takes place.
[60 FR 34598, July 3, 1995, as amended at 70 FR 40450, July 13, 2005]
§ 90.422 Background sample.
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(a) Background samples are produced by drawing a sample of the dilution air during the exhaust collection phase of each test cycle mode.
(1) An individual background sample may be produced and analyzed for each mode. Hence, a unique background value will be used for the emission calculations for each mode.
(2) Alternatively, a single background sample may be produced by drawing a sample during the collection phase of each test cycle mode. Hence, a single cumulative background value will be used for the emission calculations for each mode.
(b) For analysis of the individual sample described in paragraph (a)(1) of this section, a single value representing the average chart deflection over a 10-second stabilized period must be stored. All readings taken during the data logging period must be stable within ±one percent of full scale.
(c) Measure HC, CO, CO2, and NOX exhaust and background concentrations in the sample bag(s) with approximately the same flow rates and pressures used during calibration.
§ 90.423 Exhaust gas analytical system; CVS grab sample.
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(a) Schematic drawings. Figure 4 in Appendix B of this subpart is a schematic drawing of the exhaust gas analytical systems used for analyzing CVS grab “bag” samples from spark-ignition engines. Since various configurations can produce accurate results, exact conformance with the drawing is not required. Additional components such as instruments, valves, solenoids, pumps and switches may be used to provide additional information and coordinate the functions of the component systems. Other components such as snubbers, which are not needed to maintain accuracy in some systems, may be excluded if their exclusion is based upon good engineering judgment.
(b) Major component description. The analytical system, Figure 4 in Appendix B of this subpart, consists of a flame ionization detector (FID) or a heated flame ionization detector (HFID) for the measurement of hydrocarbons, non-dispersive infrared analyzers (NDIR) for the measurement of carbon monoxide and carbon dioxide, and a chemiluminescence detector (CLD) (or heated CLD (HCLD)) for the measurement of oxides of nitrogen. The exhaust gas analytical system must conform to the following requirements:
(1) The CLD (or HCLD) requires that the nitrogen dioxide present in the sample be converted to nitric oxide before analysis. Other types of analyzers may be used if shown to yield equivalent results and if approved in advance by the Administrator.
(2) If CO instruments are used which are essentially free of CO2 and water vapor interference, the use of the conditioning column may be deleted. (See §90.317 and §90.320.)
(3) A CO instrument is considered to be essentially free of CO2 and water vapor interference if its response to a mixture of three percent CO2 in N2, which has been bubbled through water at room temperature, produces an equivalent CO response, as measured on the most sensitive CO range, which is less than one percent of full-scale CO concentration on ranges above 300 ppm full scale or less than three ppm on ranges below 300 ppm full scale. (See §90.317.)
(c) Alternate analytical systems. Analysis systems meeting the specifications and requirements of this subpart for dilute sampling may be used upon approval of the Administrator.
(d) Other analyzers and equipment. Other types of analyzers and equipment may be used if shown to yield equivalent results and if approved in advance by the Administrator.
§ 90.424 Dilute sampling procedures—CVS calibration.
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(a) The CVS is calibrated using an accurate flowmeter and restrictor valve.
(1) The flowmeter calibration must be traceable to the National Institute for Standards and Testing (NIST) and serves as the reference value (NIST “true” value) for the CVS calibration. (Note: In no case should an upstream screen or other restriction which can affect the flow be used ahead of the flowmeter unless calibrated throughout the flow range with such a device.)
(2) The CVS calibration procedures are designed for use of a “metering venturi” type flowmeter. Large radius or American Society of Mechanical Engineers (ASME) flow nozzles are considered equivalent if traceable to NIST measurements. Other measurement systems may be used if shown to be equivalent under the test conditions in this section and traceable to NIST measurements.
(3) Measurements of the various flowmeter parameters are recorded and related to flow through the CVS.
(4) Procedures using both PDP-CVS and CFV-CVS are outlined in the following paragraphs. Other procedures yielding equivalent results may be used if approved in advance by the Administrator.
(b) After the calibration curve has been obtained, verification of the entire system may be performed by injecting a known mass of gas into the system and comparing the mass indicated by the system to the true mass injected. An indicated error does not necessarily mean that the calibration is wrong, since other factors can influence the accuracy of the system (for example, analyzer calibration, leaks, or HC hangup). A verification procedure is found in paragraph (e) of this section.
(c) PDP-CVS calibration. (1) The following calibration procedure outlines the equipment, the test configuration, and the various parameters which must be measured to establish the flow rate of the CVS pump.
(i) All the parameters related to the pump are simultaneously measured with the parameters related to a flowmeter which is connected in series with the pump.
(ii) The calculated flow rate, in cm3/s, (at pump inlet absolute pressure and temperature) can then be plotted versus a correlation function which is the value of a specific combination of pump parameters.
(iii) The linear equation which relates the pump flow and the correlation function is then determined.
(iv) In the event that a CVS has a multiple speed drive, a calibration for each range used must be performed.
(2) This calibration procedure is based on the measurement of the absolute values of the pump and flowmeter parameters that relate the flow rate at each point. Two conditions must be maintained to assure the accuracy and integrity of the calibration curve:
(i) The temperature stability must be maintained during calibration. (Flowmeters are sensitive to inlet temperature oscillations; this can cause the data points to be scattered. Gradual changes in temperature are acceptable as long as they occur over a period of several minutes.)
(ii) All connections and ducting between the flowmeter and the CVS pump must be absolutely void of leakage.
(3) During an exhaust emission test the measurement of these same pump parameters enables the user to calculate the flow rate from the calibration equation.
(4) Connect a system as shown in Figure 5 in Appendix B of this subpart. Although particular types of equipment are shown, other configurations that yield equivalent results may be used if approved in advance by the Administrator. For the system indicated, the following measurements and accuracies are required:
Calibration Data Measurements
------------------------------------------------------------------------
Sensor-readout
Parameter Symbol Units tolerances
------------------------------------------------------------------------
Barometric pressure PB kPa ±.340 kPa.
(corrected).
Ambient temperature........... TA °C ±.28
°C.
Air temperature into metering ETI °C ±1.11
venturi. °C.
Pressure drop between the EDP kPa ±0.012
inlet and throat of metering kPa.
venturi.
Air flow...................... QS m3/min. ±0.5
percent of NIST
value.
Air temperature at CVS pump PTI °C ±1.11
inlet. °C.
Pressure depression at CVS PPI kPa ±0.055
pump inlet. kPa.
Pressure head at CVS pump PPO kPa ±0.055
outlet. kPa.
Air temperature at CVS pump PTO °C ±1.11
outlet (optional). °C.
Pump revolutions during test N Revs ±1 Rev.
period.
Elapsed time for test period.. t s ±0.5 s.
------------------------------------------------------------------------
(5) After the system has been connected as shown in Figure 5 in Appendix B of this subpart, set the variable restrictor in the wide open position and run the CVS pump for 20 minutes. Record the calibration data.
(6) Reset the restrictor valve to a more restricted condition in an increment of pump inlet depression that will yield a minimum of six data points for the total calibration. Allow the system to stabilize for three minutes and repeat the data acquisition.
(7) Data analysis:
(i) The air flow rate, Qs, at each test point is calculated in standard cubic feet per minute 20 °C, 101.3 kPa from the flowmeter data using the manufacturer's prescribed method.
(ii) The air flow rate is then converted to pump flow, Vo, in cubic meter per revolution at absolute pump inlet temperature and pressure:
Where:
Vo = Pump flow, m 3 /rev at Tp, Pp.
Qs = Meter air flow rate in standard cubic meters per minute, standard conditions are 20 °C, 101.3 kPa.
n = Pump speed in revolutions per minute.
Tp = Absolute pump inlet temperature in Kelvin, =PTI+273 [°K]
Pp = Absolute pump inlet pressure, kPa. = PB-PPI
Where:
PB = barometric pressure, kPa
PPI = Pump inlet depression, kPa.
(iii) The correlation function at each test point is then calculated from the calibration data:
Where:
Xo = correlation function.
?p = The pressure differential from pump inlet to pump outlet [kPa]
?p = Pe-Pp.
Where:
Pe = Absolute pump outlet pressure [kPa], Pe = PB+PPI
(iv) A linear least squares fit is performed to generate the calibration equation which has the form:
Where:
Do and M are the intercept and slope constants, respectively, describing the regression line.
(8) A CVS system that has multiple speeds should be calibrated on each speed used. The calibration curves generated for the ranges will be approximately parallel and the intercept values, Do, will increase as the pump flow range decreases.
(9) If the calibration has been performed carefully, the calculated values from the equation will be within ±0.50 percent of the measured value of Vo. Values of M will vary from one pump to another, but values of Do for pumps of the same make, model, and range should agree within ±three percent of each other. Calibrations should be performed at pump start-up and after major maintenance to assure the stability of the pump slip rate. Analysis of mass injection data will also reflect pump slip stability.
(d) CFV-CVS calibration. (1) Calibration of the CFV is based upon the flow equation for a critical venturi. Gas flow is a function of inlet pressure and temperature:
Where:
Qs = flow rate [m 3 /min.]
Kv = calibration coefficient
P = absolute pressure [kPa]
T = absolute temperature [°K]
The calibration procedure described in paragraph (d)(3) of this section establishes the value of the calibration coefficient at measured values of pressure, temperature, and air flow.
(2) The manufacturer's recommended procedure must be followed for calibrating electronic portions of the CFV.
(3) Measurements necessary for flow calibration are as follows:
Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
Parameter Symbol Units Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric Pressure (corrected). PB kPa ±.34 kPa
Air temperature, into flowmeter. ETI °C ±.28 °C
Pressure drop between the inlet EDP in. H2 O ±.05 in H2 O
and throat of metering venturi.
Air flow........................ QS m3/min ±.5 percent of NIST value
CFV inlet depression............ PPI (kPa) ±.055 kPa
Temperature at venturi inlet.... TV °C ±2.22 °C
----------------------------------------------------------------------------------------------------------------
(4) Set up equipment as shown in Figure 6 in Appendix B of this subpart and eliminate leaks. (Leaks between the flow measuring devices and the critical flow venturi will seriously affect the accuracy of the calibration.)
(5) Set the variable flow restrictor to the open position, start the blower, and allow the system to stabilize. Record data from all instruments.
(6) Vary the flow restrictor and make at least eight readings across the critical flow range of the venturi.
(7) Data analysis. The data recorded during the calibration are to be used in the following calculations:
(i) Calculate the air flow rate (designated as Qs) at each test point in standard cubic feet per minute from the flow meter data using the manufacturer's prescribed method.
(ii) Calculate values of the calibration coefficient for each test point:
Where:
Qs = Flow rate in standard cubic meters per minute, at the standard conditions of 20 °C, 101.3 kPa.
Tv = Temperature at venturi inlet, °K.
Pv = Pressure at venturi inlet, kPa = PB - PPI
Where:
PPI = Venturi inlet pressure depression, kPa.
(iii) Plot Kv as a function of venturi inlet pressure. For choked flow, Kv will have a relatively constant value. As pressure decreases (vacuum increases), the venturi becomes unchoked and Kv decreases. (See Figure 7 in Appendix B to Subpart D.)
(iv) For a minimum of eight points in the critical region, calculate an average Kv and the standard deviation.
(v) If the standard deviation exceeds 0.3 percent of the average Kv , take corrective action.
(e) CVS system verification. The following “gravimetric” technique may be used to verify that the CVS and analytical instruments can accurately measure a mass of gas that has been injected into the system. (Verification can also be accomplished by constant flow metering using critical flow orifice devices.)
(1) Obtain a small cylinder that has been charged with 99.5 percent or greater propane or carbon monoxide gas (CAUTION—carbon monoxide is poisonous).
(2) Determine a reference cylinder weight to the nearest 0.01 grams.
(3) Operate the CVS in the normal manner and release a quantity of pure propane into the system during the sampling period (approximately five minutes).
(4) The calculations are performed in the normal way except in the case of propane. The density of propane (0.6109 kg/m 3 /carbon atom) is used in place of the density of exhaust hydrocarbons.
(5) The gravimetric mass is subtracted from the CVS measured mass and then divided by the gravimetric mass to determine the percent accuracy of the system.
(6) Good engineering practice requires that the cause for any discrepancy greater than ±two percent must be found and corrected.
§ 90.425 CVS calibration frequency.
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Calibrate the CVS positive displacement pump or critical flow venturi following initial installation, major maintenance, or as necessary when indicated by the CVS system verification (described in §90.424(e)).
§ 90.426 Dilute emission sampling calculations—gasoline fueled engines.
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(a) The final reported emission test results must be computed by use of the following formula:
Where:
AWM = Final weighted brake-specific mass emission rate for an emission (HC, CO, CO2, or NOX) [g/kW-hr]
Wi = Average mass flow rate of an emission (HC, CO, CO2, NOX) from a test engine during mode i [g/hr]
WFi = Weighting factor for each mode i as defined in §90.410(a).
Pi = Gross average power generated during mode i [kW], calculated from the following equation,
Where:
speed = average engine speed measured during mode i [rev./minute]
torque = average engine torque measured during mode i [N-m]
KHi = NOX humidity correction factor for mode i. This correction factor only affects calculations for tion factor only affects calculations for NOX and is equal to one for all other emissions. KHi is also equal to 1 for all two-stroke engines.
(b) The mass flow rate, Wi in g/hr, of an emission for mode i is determined from the following equations:
Where:
Qi = Volumetric flow rate oandard conditions [m 3 /hr at STP].
Density = Density of a specific emission (DensityHC, DensityCO, DensityCO2, DensityNOx) [g/m 3 ].
DFi = Dilution factor of the dilute exhaust during mode i.
CDi = Concentration of the emission (HC, CO, NOX) in dilute exhaust extracted from the CVS during mode i [ppm].
CBi = Concentration of the emission (HC, CO, NOX) in the background sample during mode i [ppm].
STP = Standard temperature and pressure. All volumetric calculations made for the equations in this section are to be corrected to a standard temperature of 20 °C and 101.3 kPa.
(c) Densities for emissions that are to be measured for this test procedure are:
DensityHC = 576.8 g/m 3
DensityNOX = 1912 g/m 3
DensityCO = 1164 g/m 3
DensityCO2 = 1829 g/m 3
(1) The value of DensityHC above is calculated based on the assumption that the fuel used has a carbon to hydrogen ratio of 1:1.85. For other fuels DensityHC can be calculated from the following formula:
Where:
MHC = The molecular weight of the hydrocarbon molecule divided by the number of carbon atoms in the molecule [g/mole]
RSTP = Ideal gas constant for a gas at STP=0.024065 [m 3 -mole].
(2) The idealized molecular weight of the exhaust hydrocarbons, i.e., the molecular weight of the hydrocarbon molecule divided by the number of carbon atoms in the molecule, MHC, can be calculated from the following formula:
Where:
MC = Molecular weight of carbon=12.01 [g/mole]
MH = Molecular weight of hydrogen=1.008 [g/mole]
MO = Molecular weight of oxygen=16.00 [g/mole]
a = Hydrogen to carbon ratio of the test fuel
ß = Oxygen to carbon ratio of the test fuel
(3) The value of DensityNOX above assumes that NOX is entirely in the form of NO2
(d) The dilution factor, DF, is the ratio of the volumetric flow rate of the background air to that of the raw engine exhaust. The following formula is used to determine DF:
Where:
CDHC = Concentration of HC in the dilute sample [ppm]
CDCO = Concentration of CO in the dilute sample [ppm]
CDCO2 = Concentration of CO2 in the dilute sample [ppm]
(e) The humidity correction factor KH is an adjustment made to measured NOX values. This corrects for the sensitivity that a spark-ignition engine has to the humidity of its combustion air. The following formula is used to determine KH for NOX calculations:
KH = (9.953 H + 0.832)
Where:
H = the amount of water in an ideal gas; 40 CFR 1065.645 describes how to determine this value (referred to as xH2O).
KH = 1 for two-stroke gasoline engines.
(f)–(g) [Reserved]
(h) The fuel mass flow rate, Fi, can be either measured or calculated using the following formula:
Where:
MFUEL = Mass of fuel consumed by the engine during the mode [g]
T = Duration of the sampling period [hr]
(i) The mass of fuel consumed during the mode sampling period, MFUEL, can be calculated from the following equation:
Where:
Gs = Mass of carbon measured during the mode sampling period [g]
R2 = The fuel carbon weight fraction, which is the mass of carbon in fuel per mass of fuel [g/g]
The grams of carbon measured during the mode, Gs, can be calculated from the following equation:
Where:
HCmass=mass of hydrocarbon emissions for the mode sampling period [grams]
CO2mass=mass of carbon monoxide emissions for the mode sampling period [grams]
CO2mass=mass of carbon dioxide emissions for the mode sampling period [grams]
a=The atomic hydrogen to carbon ratio of the fuel
[60 FR 34598, July 3, 1995, as amended at 70 FR 40450, July 13, 2005]
§ 90.427 Catalyst thermal stress resistance evaluation.
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(a) The purpose of the evaluation procedure specified in this section is to determine the effect of thermal stress on catalyst conversion efficiency for Phase 1 engines. The thermal stress is imposed on the test catalyst by exposing it to quiescent heated air in an oven. The evaluation of the effect of such stress on catalyst performance is based on the resultant degradation of the efficiency with which the conversions of specific pollutants are promoted. The application of this evaluation procedure involves the several steps that are described in the following paragraphs.
(b) Determination of initial conversion efficiency. (1) A synthetic exhaust gas mixture having the composition specified in §90.329 is heated to a temperature of 450 °C ±5 °C and passed through the new test catalyst or, optionally, a test catalyst that has been exposed to temperatures less than or equal to 500 °C for less than or equal to two hours, under flow conditions that are representative of anticipated in-use conditions.
(2) The concentration of each pollutant of interest, that is, hydrocarbons, carbon monoxide, or oxides of nitrogen, in the effluent of the catalyst is determined by means of the instrumentation that is specified for exhaust gas analysis in subpart D of this part.
(3) The conversion efficiency for each pollutant is determined by:
(i) Subtracting the effluent concentration from the initial concentration;
(ii) Dividing this result by the initial concentration; and
(iii) Multiplying this result by 100 percent.
(c) Imposition of thermal stress. (1) The catalyst is placed in an oven that has been pre-heated to 1000 °C and the temperature of the air in the oven is maintained at 1000 °C ±10 °C for six hours.
(2) The catalyst is removed from the oven and allowed to cool to room temperature.
(d) Determination of final conversion efficiency. The steps listed in paragraph (b) of this section are repeated.
(e) Determination of conversion efficiency degradation. (1) The final conversion efficiency determined in paragraph (c) of this section is subtracted from the initial conversion efficiency determined in paragraph (b) of this section.
(2) This result is divided by the initial conversion efficiency.
(3) This result is multiplied by 100 percent.
(f) Determination of compliance with degradation limit. The percent degradation determined in paragraph (e) of this section must not be greater than 20 percent.
[60 FR 34598, July 3, 1995, as amended at 64 FR 15244, Mar. 30, 1999]
Appendix A to Subpart E of Part 90—Tables
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Table 1_Parameters to be Measured or Calculated and Recorded
------------------------------------------------------------------------
Parameter Units
------------------------------------------------------------------------
Airflow rate (dry), if applicable................ g/h
Fuel flow rate................................... g/h
Engine Speed..................................... rpm
Engine Torque Output............................. N m
Power Output..................................... kW
Air inlet temperature............................ °C
Air humidity..................................... mg/kg
Coolant temperature (liquid cooled).............. °C
Exhaust mixing chamber surface temperature, if °C
applicable.
Exhaust sample line temperature, if applicable... °C
Total Accumulated hours of Engine Operation...... h
Barometric Pressure.............................. kPa
------------------------------------------------------------------------
Table 2_Test Cycles for Class I-A, I-B, and Class I-V Engines
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mode Speed 1 2 3 4 5 6 7 8 9 10 11
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rated Interme Idle
Speed diate
Speed
Mode Points_A Cycle.................................. ....... ....... ....... ....... ....... 1 2 3 4 5 6
Load Percent_A Cycle................................. ....... ....... ....... ....... ....... 100 75 50 25 10 0
Weighting............................................ ....... ....... ....... ....... ....... 9% 20% 29% 30% 7% 5%
Mode Points_B Cycle.................................. 1 2 3 4 5 ....... ....... ....... ....... ....... 6
Load Percent_B Cycle................................. 100 75 50 25 10 ....... ....... ....... ....... ....... 0
Weighting............................................ 9% 20% 29% 30% 7% ....... ....... ....... ....... ....... 5%
Mode Points_C Cycle.................................. 1 ....... ....... ....... ....... ....... ....... ....... ....... ....... 2
Load Percent_C Cycle................................. 100 ....... ....... ....... ....... ....... ....... ....... ....... ....... 0
Weighting for Phase 1 Engines........................ 90% ....... ....... ....... ....... ....... ....... ....... ....... ....... 10%
Weighting for Phase 2 Engines........................ 85% ....... ....... ....... ....... ....... ....... ....... ....... ....... 15%
--------------------------------------------------------------------------------------------------------------------------------------------------------
[60 FR 34598, July 3, 1995, as amended at 65 FR 24313, Apr. 25, 2000]
Appendix B to Subpart E of Part 90—Figures
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Subpart F—Selective Enforcement Auditing
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§ 90.501 Applicability.
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The requirements of subpart F shall be applicable to all nonroad engines and vehicles subject to the provisions of subpart A of part 90.
§ 90.502 Definitions.
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The definitions in subpart A of this part apply to this subpart. The following definitions shall also apply to this subpart.
Acceptable quality level (AQL) means the maximum percentage of failing engines that can be considered a satisfactory process average for sampling inspections.
Configuration means any subclassification of an engine family which can be described on the basis of gross power, emission control system, governed speed, fuel system, engine calibration, and other parameters as designated by the Administrator.
Inspection criteria means the pass and fail numbers associated with a particular sampling plan.
Test engine means an engine in a test sample.
Test sample means the collection of engines selected from the population of an engine family for emission testing.
§ 90.503 Test orders.
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(a) The Administrator shall require any testing under this subpart by means of a test order addressed to the manufacturer.
(b) The test order will be signed by the Assistant Administrator for Air and Radiation or his or her designee. The test order will be delivered in person by an EPA enforcement officer or EPA authorized representative to a company representative or sent by registered mail, return receipt requested, to the manufacturer's representative who signed the application for certification submitted by the manufacturer, pursuant to the requirements of the applicable section of subpart B of this part. Upon receipt of a test order, the manufacturer shall comply with all of the provisions of this subpart and instructions in the test order.
(c) Information included in test order. (1) The test order will specify the engine family to be selected for testing, the manufacturer's engine assembly plant or associated storage facility or port facility (for imported engines) from which the engines must be selected, the time and location at which engines must be selected, and the procedure by which engines of the specified family must be selected. The test order may specify the configuration to be audited and/or the number of engines to be selected per day. Engine manufacturers will be required to select a minimum of four engines per day unless an alternate selection procedure is approved pursuant to §90.507(a), or unless total production of the specified configuration is less than four engines per day. If total production of the specified configuration is less than four engines per day, the manufacturer will select the actual number of engines produced per day.
(2) The test order may include alternate families to be selected for testing at the Administrator's discretion in the event that engines of the specified family are not available for testing because those engines are not being manufactured during the specified time, or are not being stored at the specified assembly plant, associated storage facilities or port of entry.
(3) If the specified family is not being manufactured at a rate of at least two engines per day in the case of manufacturers specified in §90.508(g)(1), or one engine per day in the case of manufacturers specified in §90.508(g)(2), over the expected duration of the audit, the Assistant Administrator or his or her designated representative may select engines of the alternate family for testing.
(4) In addition, the test order may include other directions or information essential to the administration of the required testing.
(d) A manufacturer may submit a list of engine families and the corresponding assembly plants, associated storage facilities, or (in the case of imported engines) port facilities from which the manufacturer prefers to have engines selected for testing in response to a test order. In order that a manufacturer's preferred location be considered for inclusion in a test order for a particular engine family, the list must be submitted prior to issuance of the test order. Notwithstanding the fact that a manufacturer has submitted the list, the Administrator may order selection at other than a preferred location.
(e) Upon receipt of a test order, a manufacturer shall proceed in accordance with the provisions of this subpart.
(f)(1) During a given model year, the Administrator shall not issue to a manufacturer more Selective Enforcement Auditing (SEA) test orders than an annual limit determined by the following:
(i) for manufacturers with a projected annual production of less than 100,000 engines bound for the United States market for that model year, the number is two;
(ii) for manufacturers with a projected annual production of 100,000 or more engines bound for the United States market for that model year, by dividing the manufacturer's total number of certified engine families by five and rounding to the nearest whole number, unless the number of engine families is less than eight, in which case the number is two.
(2) If a manufacturer submits to EPA in writing prior to or during the model year a reliable sales projection update or adds engine families or deletes engine families from its production, that information will be used for recalculating the manufacturer's annual limit of SEA test orders.
(3) Any SEA test order for which the family or configuration, as appropriate, fails under §90.510 or for which testing is not completed will not be counted against the annual limit.
(4) When the annual limit has been met, the Administrator may issue additional test orders to test those families or configurations for which evidence exists indicating nonconformity, or for which the Administrator has reason to believe are not being appropriately represented or tested in Production Line Testing conducted under subpart H of this part, if applicable. An SEA test order issued pursuant to this provision will include a statement as to the reason for its issuance.
[60 FR 34598, July 3, 1995, as amended at 64 FR 15244, Mar. 30, 1999]
§ 90.504 Testing by the Administrator.
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(a) The Administrator may require by test order under §90.503 that engines of a specified family be selected in a manner consistent with the requirements of §90.507 and submitted to the Administrator at the place designated for the purpose of conducting emission tests. These tests will be conducted in accordance with §90.508 to determine whether engines manufactured by the manufacturer conform with the regulations with respect to which the certificate of conformity was issued.
(b) Designating official data. (1) Whenever the Administrator conducts a test on a test engine or the Administrator and manufacturer each conduct a test on the same test engine, the results of the Administrator's test will comprise the official data for that engine.
(2) Whenever the manufacturer conducts all tests on a test engine, the manufacturer's test data will be accepted as the official data, provided that if the Administrator makes a determination based on testing conducted under paragraph (a) of this section that there is a substantial lack of agreement between the manufacturer's test results and the Administrator's test results, no manufacturer's test data from the manufacturer's test facility will be accepted for purposes of this subpart.
(c) If testing conducted under paragraph (a) of this section is unacceptable under §90.503, the Administrator shall:
(1) Notify the manufacturer in writing of the Administrator's determination that the test facility is inappropriate for conducting the tests required by this subpart and the reasons therefor; and
(2) Reinstate any manufacturer's data upon a showing by the manufacturer that the data acquired under paragraph (a) of this section was erroneous and the manufacturer's data was correct.
(d) The manufacturer may request in writing that the Administrator reconsider his or her determination in paragraph (b)(2) of this section based on data or information which indicates that changes have been made to the test facility and these changes have resolved the reasons for disqualification.
§ 90.505 Maintenance of records; submittal of information.
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(a) The manufacturer of any new nonroad engine subject to any of the provisions of this subpart shall establish, maintain, and retain the following adequately organized and indexed records:
(1) General records. A description of all equipment used to test engines, as specified in subpart D of this part, in accordance with §90.508 pursuant to a test order issued under this subpart.
(2) Individual records. These records pertain to each audit conducted pursuant to this subpart and shall include:
(i) The date, time, and location of each test;
(ii) The number of hours of service accumulated on the engine when the test began and ended;
(iii) The names of all supervisory personnel involved in the conduct of the audit;
(iv) A record and description of any repairs performed prior to and/or subsequent to approval by the Administrator, giving the date, associated time, justification, name(s) of the authorizing personnel, and names of all supervisory personnel responsible for the conduct of the repair;
(v) The date the engine was shipped from the assembly plant, associated storage facility or port facility and date the engine was received at the testing facility;
(vi) A complete record of all emission tests performed pursuant to this subpart (except tests performed directly by EPA), including all individual worksheets and/or other documentation relating to each test, or exact copies thereof, to be in accordance with the record requirements specified in §§90.405, 90.406, 90.418, and/or 90.425 as applicable.
(vii) A brief description of any significant audit events commencing with the test engine selection process, but not described under paragraph (a)(2) of this section, including such extraordinary events as engine damage during shipment.
(3) The manufacturer shall record test equipment description, pursuant to paragraph (a)(1) of this section, for each test cell that can be used to perform emission testing under this subpart.
(b) The manufacturer shall retain all records required to be maintained under this subpart for a period of one year after completion of all testing in response to a test order. Records may be retained as hard copy or reduced to microfilm, floppy disc, and so forth, depending upon the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.
(c) The manufacturer shall, upon request by the Administrator, submit the following information with regard to engine production:
(1) Projected U.S. sales data for each engine configuration within each engine family for which certification is requested;
(2) Number of engines, by configuration and assembly plant, scheduled for production for the time period designated in the request;
(3) Number of engines, by configuration and by assembly plant, storage facility or port facility, scheduled to be stored at facilities for the time period designated in the request; and
(4) Number of engines, by configuration and assembly plant, produced during the time period designated in the request that are complete for introduction into commerce.
(d) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.
(e) The manufacturer shall address all reports, submissions, notifications, and requests for approvals made under this subpart to: Director, Manufacturers Operations Division, U.S. Environmental Protection Agency, 6405–J, 401 M St., SW., Washington, DC 20460.
§ 90.506 Right of entry and access.
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(a) To allow the Administrator to determine whether a manufacturer is complying with the provisions of this subpart, a test order is issued which authorizes EPA enforcement officers or their authorized representatives upon presentation of credentials to enter during operating hours any of the following places:
(1) Any facility where any engine to be introduced into commerce, including ports of entry, or any emission-related component is manufactured, assembled, or stored;
(2) Any facility where any tests conducted pursuant to a test order or any procedures or activities connected with these tests are or were performed;
(3) Any facility where any engine which is being tested, was tested, or will be tested is present; and
(4) Any facility where any record or other document relating to any of the above is located.
(b) Upon admission to any facility referred to in paragraph (a) of this section, EPA enforcement officers or EPA authorized representatives are authorized to perform the following inspection-related activities:
(1) To inspect and monitor any aspects of engine assembly, storage, testing and other procedures, and the facilities in which these procedures are conducted;
(2) To inspect and monitor any aspect of engine test procedures or activities, including, but not limited to, engine selection, preparation, service accumulation, emission test cycles, and maintenance and verification of test equipment calibration;
(3) To inspect and make copies of any records or documents related to the assembly, storage, selection and testing of an engine in compliance with a test order; and
(4) To inspect and photograph any part or aspect of any engine and any component used in the assembly thereof that is reasonably related to the purpose of the entry.
(c) EPA enforcement officers or EPA authorized representatives are authorized to obtain reasonable assistance without cost from those in charge of a facility to help the officers perform any function listed in this subpart, and they are authorized to request the recipient of a test order to make arrangements with those in charge of a facility operated for the manufacturer's benefit to furnish reasonable assistance without cost to EPA, whether or not the recipient controls the facility.
(1) Reasonable assistance includes, but is not limited to, clerical, copying, interpretation and translation services, the making available on an EPA enforcement officer's or EPA authorized representative's request of personnel of the facility being inspected during their working hours to inform the EPA enforcement officer or EPA authorized representative of how the facility operates and to answer the officer's questions, and the performance on request of emission tests on any engine which is being, has been, or will be used for SEA testing.
(2) A manufacturer may be compelled to cause the personal appearance of any employee at such a facility before an EPA enforcement officer or EPA authorized representative by written request for his or her appearance, signed by the Assistant Administrator for Air and Radiation, served on the manufacturer. Any such employee who has been instructed by the manufacturer to appear will be entitled to be accompanied, represented, and advised by counsel.
(d) EPA enforcement officers or EPA authorized representatives are authorized to seek a warrant or court order authorizing the EPA enforcement officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section, as appropriate, to execute the functions specified in this section. EPA enforcement officers or authorized representatives may proceed ex parte to obtain a warrant whether or not the EPA enforcement officers or EPA authorized representatives first attempted to seek permission of the recipient of the test order or the party in charge of the facilities in question to conduct activities related to entry and access as authorized in this section.
(e) A recipient of a test order shall permit an EPA enforcement officer(s) or EPA authorized representative(s) who presents a warrant or court order to conduct activities related to entry and access as authorized in this section and as described in the warrant or court order. The recipient shall also cause those in charge of its facility or a facility operated for its benefit to permit entry and access as authorized in this section pursuant to a warrant or court order whether or not the recipient controls the facility. In the absence of a warrant or court order, an EPA enforcement officer(s) or EPA authorized representative(s) may conduct activities related to entry and access as authorized in this section only upon the consent of the recipient of the test order or the party in charge of the facilities in question.
(f) It is not a violation of this part or of the Clean Air Act for any person to refuse to permit an EPA enforcement officer(s) or an EPA authorized representative(s) to conduct activities related to entry and access as authorized in this section if the officer or representative appears without a warrant or court order.
(g) A manufacturer is responsible for locating its foreign testing and manufacturing facilities in jurisdictions in which local foreign law does not prohibit an EPA enforcement officer(s) or an EPA authorized representative(s) from conducting the entry and access activities specified in this section. EPA will not attempt to make any inspections which it has been informed that local foreign law prohibits.
§ 90.507 Sample selection.
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(a) Engines comprising a test sample will be selected at the location and in the manner specified in the test order. If a manufacturer determines that the test engines cannot be selected in the manner specified in the test order, an alternative selection procedure may be employed, provided the manufacturer requests approval of the alternative procedure prior to the start of test sample selection, and the Administrator approves the procedure.
(b) The manufacturer shall assemble the test engines of the family selected for testing using its normal mass production process for engines to be distributed into commerce. If, between the time the manufacturer is notified of a test order and the time the manufacturer finishes selecting test engines, the manufacturer implements any change(s) in its production processes, including quality control, which may reasonably be expected to affect the emissions of the engines selected, then the manufacturer shall, during the audit, inform the Administrator of such changes. If the test engines are selected at a location where they do not have their operational and emission control systems installed, the test order will specify the manner and location for selection of components to complete assembly of the engines. The manufacturer shall assemble these components onto the test engines using normal assembly and quality control procedures as documented by the manufacturer.
(c) No quality control, testing, or assembly procedures will be used on the test engine or any portion thereof, including parts and subassemblies, that have not been or will not be used during the production and assembly of all other engines of that family, unless the Administrator approves the modification in assembly procedures pursuant to paragraph (b) of this section.
(d) The test order may specify that an EPA enforcement officer(s) or authorized representative(s), rather than the manufacturer, select the test engines according to the method specified in the test order.(e) The order in which test engines are selected determines the order in which test results are to be used in applying the sampling plan in accordance with §90.510. (continued)